AB 443 — Apple pests: pest and disease prevention.
Last action — Consideration of Governor's veto stricken from file.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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5To Executive
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6Enacted
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Existing law provides that there is in state government the California Apple Commission, comprised of apple handlers and producers, which may recommend to the Secretary of Food and Agriculture maturity standards, enforce laws related to apple production, and promote the sale of apples. This bill, the California Apple Pest and Disease Prevention Act of 2009 (the act) , would provide that no person may handle apples in this state to which certain adopted regulations apply, except as specified. The bill would also provide that it is a crime to handle apples or to fail to meet specified reporting duties or pay required assessments in violation of these provisions. Because this bill would create new crimes, this bill would impose a state-mandated local program. This bill would require the secretary to appoint a committee of 11 individuals from nominations received from the California Apple Commission to administer these provisions. The bill would provide that the duties of the committee, with concurrence by the secretary, include making recommendations to the secretary of designated pests and diseases not already present or identified in California as of January 1, 2007, and of the adoption of regulations establishing terms and conditions for handling apples to prevent the introduction and spread of designated pests or diseases. The bill would also require the secretary to establish a panel to advise the committee and the secretary by providing information regarding the biology and known control methods for the pests and diseases under consideration by the committee. This bill would provide that the Department of Food and Agriculture may investigate complaints referred by the commission and levy civil penalties against persons who violate the act not exceeding $5,000, as specified. The bill would require the secretary to use all funds received under the act for purposes of the act. The bill would make other conforming changes. Existing law authorizes the commission to establish an annual assessment rate to defray the operating costs of the commission. This bill would instead require the commission to be responsible for all costs associated with the act and require the commission to establish an annual assessment rate to defray the costs of the act if the commission's current assessment is deemed not sufficient to cover the costs of the commission or the department associated with the act. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Bill Text
- Enrolled 09/04/09 - Enrolled Current pdf September 04, 2009
- Amended 08/17/09 - Amended Senate pdf August 17, 2009
- Amended 06/17/09 - Amended Senate pdf June 17, 2009
- Amended 04/20/09 - Amended Assembly pdf April 20, 2009
- Introduced 02/24/09 - Introduced pdf February 24, 2009
- AB443 View text html
Action History
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Consideration of Governor's veto stricken from file.
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Consideration of Governor's veto pending.
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Vetoed by Governor.
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Enrolled and to the Governor at 2:45 p.m.
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Senate amendments concurred in. To enrollment. (Ayes 75. Noes 2. Page 2901.)
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Assembly Rule 77 suspended. (Page 2889.)
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In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 3 pursuant to Assembly Rule 77.
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Read third time, passed, and to Assembly. (Ayes 31. Noes 1. Page 2020.)
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Read second time. To third reading.
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From committee: Do pass. (Ayes 9. Noes 0.) (August 17).
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From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.
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In committee: Hearing postponed by committee.
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(Page 1804.)
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Joint Rule 62(a) suspended.
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From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 3. Noes 0.) (July 7).
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From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on F. & A.
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Referred to Com. on F. & A.
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In Senate. Read first time. To Com. on RLS. for assignment.
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Read third time, passed, and to Senate. (Ayes 79. Noes 0. Page 1841.)
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Read second time. To third reading.
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From committee: Do pass. (Ayes 17. Noes 0.) (May 28).
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In committee: Set, first hearing. Referred to APPR. suspense file.
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Re-referred to Com. on APPR.
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Read second time and amended.
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From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (April 15).
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Referred to Com. on AGRI.
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From printer. May be heard in committee March 27.
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Read first time. To print.
Sponsors
- Galgiani · Primary
- Bill Berryhill · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 1 co-sponsors · 120 not signed on
Sponsors (1)
- Galgiani
Co-sponsors (1)
Not signed on (120)
120 members have not signed on to this bill.
Show all 120 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 81 | 2 | 0 | 2 |
| Democratic | 3 | 0 | 0 | 0 |
| Republican | 3 | 0 | 0 | 0 |
| Total | 87 | 2 | 0 | 2 |
| % of votes cast | 96% | 2% | 0% | 2% |
How each member voted (91)
| Member | Party | Vote |
|---|---|---|
| Hall | — | Not Voting |
| Charles | — | Yea |
| Evans | — | Yea |
| Feuer | — | Yea |
| Fuller | — | Yea |
| Furutani | — | Yea |
| Garrick | — | Yea |
| De | — | Yea |
| La | — | Yea |
| Torre | — | Yea |
| De | — | Yea |
| Leon | — | Yea |
| Gilmore | — | Yea |
| Hagman | — | Yea |
| Fletcher | — | Yea |
| Fong | — | Yea |
| Bonnie | — | Yea |
| Lowenthal | — | Yea |
| V. | — | Yea |
| Manuel | — | Yea |
| Perez | — | Yea |
| John | — | Yea |
| A. | — | Yea |
| Perez | — | Yea |
| Portantino | — | Yea |
| Salas | — | Yea |
| Saldana | — | Yea |
| Audra | — | Yea |
| Chesbro | — | Yea |
| Brownley | — | Yea |
| Conway | — | Yea |
| Coto | — | Yea |
| Duvall | — | Yea |
| Hayashi | — | Yea |
| Hernandez | — | Yea |
| Huber | — | Yea |
| Huffman | — | Yea |
| Knight | — | Nay |
| Krekorian | — | Yea |
| Logue | — | Yea |
| Mendoza | — | Yea |
| Monning | — | Yea |
| Nestande | — | Yea |
| Ruskin | — | Yea |
| Silva | — | Yea |
| Smyth | — | Yea |
| Solorio | — | Yea |
| Torlakson | — | Yea |
| Torres | — | Yea |
| Tran | — | Yea |
| Villines | — | Yea |
| Bill | — | Yea |
| Tom | — | Yea |
| Ammiano | — | Yea |
| Beall | — | Yea |
| Blakeslee | — | Yea |
| Miller | — | Nay |
| Adams | — | Yea |
| Anderson | — | Yea |
| Bass | — | Yea |
| Block | — | Yea |
| Blumenfield | — | Yea |
| Buchanan | — | Not Voting |
| Harkey | — | Yea |
| Hill | — | Yea |
| Jeffries | — | Yea |
| Lieu | — | Yea |
| Ma | — | Yea |
| Nava | — | Yea |
| Nielsen | — | Yea |
| Skinner | — | Yea |
| Swanson | — | Yea |
| Torrico | — | Yea |
| Carter | — | Yea |
| Cook | — | Yea |
| Emmerson | — | Yea |
| Eng | — | Yea |
| Davis | — | Yea |
| DeVore | — | Yea |
| Yamada | — | Yea |
| Fuentes | — | Yea |
| Galgiani | — | Yea |
| Beth Gaines | — | Yea |
| Bill Berryhill | — | Yea |
| Bill Berryhill | — | Yea |
| Arambula, Joaquin | Democratic | Yea |
| Caballero, Anna M. | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Jones, Brian W. | Republican | Yea |
| Niello, Roger W. | Republican | Yea |
| Strickland, Tony | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 31 | 1 | 0 | 6 |
| Republican | 1 | 0 | 0 | 0 |
| Democratic | 0 | 0 | 0 | 2 |
| Total | 32 | 1 | 0 | 8 |
| % of votes cast | 78% | 2% | 0% | 20% |
How each member voted (41)
| Member | Party | Vote |
|---|---|---|
| Yee | — | Yea |
| Hancock | — | Not Voting |
| Wyland | — | Yea |
| Lowenthal | — | Yea |
| Negrete | — | Yea |
| Runner | — | Yea |
| Hollingsworth | — | Not Voting |
| Cogdill | — | Yea |
| Huff | — | Yea |
| Leno | — | Yea |
| Liu | — | Yea |
| Ducheny | — | Yea |
| McLeod | — | Yea |
| Oropeza | — | Yea |
| Price | — | Yea |
| Romero | — | Yea |
| Alquist | — | Yea |
| Ashburn | — | Not Voting |
| Benoit | — | Yea |
| Dutton | — | Not Voting |
| Simitian | — | Yea |
| Steinberg | — | Yea |
| Wiggins | — | Yea |
| Wolk | — | Yea |
| Aanestad | — | Yea |
| Harman | — | Not Voting |
| Kehoe | — | Yea |
| Maldonado | — | Yea |
| Pavley | — | Yea |
| Walters | — | Yea |
| Wright | — | Yea |
| Cedillo | — | Yea |
| Corbett | — | Yea |
| Correa | — | Nay |
| Cox | — | Yea |
| DeSaulnier | — | Not Voting |
| Denham | — | Yea |
| Florez | — | Yea |
| Calderon, Lisa | Democratic | Not Voting |
| Padilla, Stephen C. | Democratic | Not Voting |
| Strickland, Tony | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 9 | 0 | 0 | 4 |
| Total | 9 | 0 | 0 | 4 |
| % of votes cast | 69% | 0% | 0% | 31% |
How each member voted (13)
| Member | Party | Vote |
|---|---|---|
| Yee | — | Yea |
| Runner | — | Not Voting |
| Hancock | — | Not Voting |
| Corbett | — | Yea |
| Kehoe | — | Yea |
| Leno | — | Yea |
| Oropeza | — | Not Voting |
| Walters | — | Yea |
| Wolk | — | Yea |
| Price | — | Yea |
| Wyland | — | Not Voting |
| Cox | — | Yea |
| Denham | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 3 | 0 | 0 | 2 |
| Total | 3 | 0 | 0 | 2 |
| % of votes cast | 60% | 0% | 0% | 40% |
How each member voted (5)
| Member | Party | Vote |
|---|---|---|
| Hancock | — | Yea |
| Hollingsworth | — | Not Voting |
| Pavley | — | Not Voting |
| Maldonado | — | Yea |
| Florez | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 85 | 0 | 0 | 1 |
| Democratic | 3 | 0 | 0 | 0 |
| Republican | 3 | 0 | 0 | 0 |
| Total | 91 | 0 | 0 | 1 |
| % of votes cast | 99% | 0% | 0% | 1% |
How each member voted (92)
| Member | Party | Vote |
|---|---|---|
| Hagman | — | Yea |
| Carter | — | Yea |
| Chesbro | — | Yea |
| Conway | — | Yea |
| Cook | — | Yea |
| Bill | — | Yea |
| Tom | — | Yea |
| Eng | — | Yea |
| Feuer | — | Yea |
| Charles | — | Yea |
| Fuentes | — | Yea |
| Fuller | — | Yea |
| Galgiani | — | Yea |
| Garrick | — | Yea |
| Gilmore | — | Yea |
| Hall | — | Yea |
| De | — | Yea |
| La | — | Yea |
| Torre | — | Yea |
| De | — | Yea |
| Leon | — | Yea |
| Harkey | — | Yea |
| Hernandez | — | Yea |
| Fletcher | — | Yea |
| Fong | — | Yea |
| Bonnie | — | Yea |
| Lowenthal | — | Yea |
| Anderson | — | Yea |
| Beall | — | Yea |
| Coto | — | Yea |
| Davis | — | Yea |
| Duvall | — | Yea |
| Hill | — | Yea |
| Huffman | — | Yea |
| Jeffries | — | Yea |
| Lieu | — | Yea |
| Logue | — | Yea |
| Ma | — | Yea |
| Mendoza | — | Yea |
| V. | — | Yea |
| Manuel | — | Yea |
| Perez | — | Yea |
| John | — | Yea |
| A. | — | Yea |
| Perez | — | Yea |
| Portantino | — | Yea |
| Salas | — | Yea |
| Saldana | — | Yea |
| Audra | — | Yea |
| Miller | — | Yea |
| Bass | — | Yea |
| Monning | — | Yea |
| Nava | — | Yea |
| Nestande | — | Yea |
| Price | — | Yea |
| Silva | — | Yea |
| Smyth | — | Yea |
| Solorio | — | Yea |
| Swanson | — | Yea |
| Torlakson | — | Yea |
| Torrico | — | Yea |
| Tran | — | Yea |
| Adams | — | Yea |
| Ammiano | — | Yea |
| Blakeslee | — | Yea |
| Block | — | Not Voting |
| Blumenfield | — | Yea |
| Brownley | — | Yea |
| Buchanan | — | Yea |
| Hayashi | — | Yea |
| Huber | — | Yea |
| Knight | — | Yea |
| Krekorian | — | Yea |
| Nielsen | — | Yea |
| Ruskin | — | Yea |
| Skinner | — | Yea |
| Torres | — | Yea |
| Villines | — | Yea |
| Emmerson | — | Yea |
| Evans | — | Yea |
| DeVore | — | Yea |
| Yamada | — | Yea |
| Furutani | — | Yea |
| Beth Gaines | — | Yea |
| Bill Berryhill | — | Yea |
| Bill Berryhill | — | Yea |
| Arambula, Joaquin | Democratic | Yea |
| Caballero, Anna M. | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Jones, Brian W. | Republican | Yea |
| Niello, Roger W. | Republican | Yea |
| Strickland, Tony | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 20 | 0 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 22 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Fuentes | — | Yea |
| Hall | — | Yea |
| Harkey | — | Yea |
| Charles | — | Yea |
| Krekorian | — | Yea |
| De | — | Yea |
| Leon | — | Yea |
| John | — | Yea |
| A. | — | Yea |
| Perez | — | Yea |
| Audra | — | Yea |
| Ammiano | — | Yea |
| Duvall | — | Yea |
| Miller | — | Yea |
| Skinner | — | Yea |
| Solorio | — | Yea |
| Nielsen | — | Yea |
| Price | — | Yea |
| Torlakson | — | Yea |
| Davis | — | Yea |
| Calderon, Lisa | Democratic | Yea |
| Strickland, Tony | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 8 | 0 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 9 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Conway | — | Yea |
| Yamada | — | Yea |
| Tom | — | Yea |
| Berryhill | — | Yea |
| Galgiani | — | Yea |
| Mendoza | — | Yea |
| Ma | — | Yea |
| Fuller | — | Yea |
| Arambula, Joaquin | Democratic | Yea |
Subjects
Frequently asked questions
- What does AB 443 do?
- Existing law provides that there is in state government the California Apple Commission, comprised of apple handlers and producers, which may recommend to the Secretary of Food and Agriculture maturity standards, enforce laws related to apple production, and promote the sale of apples. This bill, the California Apple Pest and Disease Prevention Act of 2009 (the act) , would provide that no person may handle apples in this state to which certain adopted regulations apply, except as specified. The bill would also provide that it is a crime to handle apples or to fail to meet specified reporting duties or pay required assessments in violation of these provisions. Because this bill would create new crimes, this bill would impose a state-mandated local program. This bill would require the secretary to appoint a committee of 11 individuals from nominations received from the California Apple Commission to administer these provisions. The bill would provide that the duties of the committee, with concurrence by the secretary, include making recommendations to the secretary of designated pests and diseases not already present or identified in California as of January 1, 2007, and of the adoption of regulations establishing terms and conditions for handling apples to prevent the introduction and spread of designated pests or diseases. The bill would also require the secretary to establish a panel to advise the committee and the secretary by providing information regarding the biology and known control methods for the pests and diseases under consideration by the committee. This bill would provide that the Department of Food and Agriculture may investigate complaints referred by the commission and levy civil penalties against persons who violate the act not exceeding $5,000, as specified. The bill would require the secretary to use all funds received under the act for purposes of the act. The bill would make other conforming changes. Existing law authorizes the commission to establish an annual assessment rate to defray the operating costs of the commission. This bill would instead require the commission to be responsible for all costs associated with the act and require the commission to establish an annual assessment rate to defray the costs of the act if the commission's current assessment is deemed not sufficient to cover the costs of the commission or the department associated with the act. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
- Who sponsors AB 443?
- AB 443 is sponsored by Galgiani and Bill Berryhill.
- What is the current status of AB 443?
- This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track AB 443?
- Track AB 443 free on One Click Politics — get push/email alerts when it moves.
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